19 USC 4572 - Investigations and determinations by Commission

U.S Code last checked for updates: Apr 29, 2024

§ 4572.

Investigations and determinations by Commission

(a)

Investigation

Upon the filing of a petition by an interested party described in subparagraph (A), (B), or (C) of section 4571(8) of this title which is representative of a United States long-haul trucking services industry, or at the request of the President or the Trade Representative, or upon the resolution of the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate, the International Trade Commission (in this part referred to as the “Commission”) shall promptly initiate an investigation to determine—

(1)

whether a request by a person of Mexico to receive a grant of authority that is pending as of the date of the filing of the petition threatens to cause material harm to a United States long-haul trucking services industry;

(2)

whether a person of Mexico who has received a grant of authority on or after the date of entry into force of the USMCA and retains such grant of authority is causing or threatens to cause material harm to a United States long-haul trucking services industry; or

(3)

whether, with respect to a person of Mexico who has received a grant of authority before the date of entry into force of the USMCA and retains such grant of authority, there has been a change in circumstances such that such person of Mexico is causing or threatens to cause material harm to a United States long-haul trucking services industry.

(b)

Transmission of petition, request, or resolution

(c)

Publication and hearings

The Commission shall—

(1)

promptly publish notice of the commencement of any investigation under subsection (a) in the Federal Register; and

(2)

within a reasonable time period thereafter, hold public hearings at which the Commission shall afford interested parties an opportunity to be present, to present evidence, to respond to presentations of other parties, and otherwise to be heard.

(d)

Factors applied in making determinations

In making a determination under subsection (a) of whether a request by a person of Mexico to receive a grant of authority, or a person of Mexico who has received a grant of authority and retains such grant of authority, as the case may be, threatens to cause material harm to a United States long-haul trucking services industry, the Commission shal

(1)

consider, among other things, and as relevant—

(A)

the volume and tonnage of merchandise transported; and

(B)

the employment, wages, hours of service, and working conditions; and

(2)

with respect to a change in circumstances described in subsection (a)(3), take into account those operations by persons of Mexico under grants of authority in effect as of the date of entry into force of the USMCA are not causing material harm.

(e)

Assistance to Commission

(1)

In general

(2)

Requests for information

(A)

In general

(B)

Confidential business information

(f)

Limited disclosure of confidential business information under protective order

(g)

Deadline for determination

(1)

In general

(2)

Exception

(h)

Applicable provisions

(Pub. L. 116–113, title III, § 322, Jan. 29, 2020, 134 Stat. 55.)

cite as: 19 USC 4572